James v. Allen

Birdsong, Presiding Judge.

This is an appeal by Melba James, widow of Marvin David James, who was killed when his vehicle collided with appellee Allen’s vehicle while Allen was passing appellee Folendore’s truck. At trial upon application of the doctrine of respondeat superior, the parties with whom Folendore had contracted to haul kaolin, appellees C. T. Harris Company and J. V. Henry Trucking Company, and their respective insurers, were dismissed as not liable. The jury returned a plaintiff’s verdict against appellee Allen and ruled in favor of appellee Folendore. C. T. Harris Company and J.…